Summary: Mr X complains about the way the Council considered his planning application. We will not investigate this complaint because this is a matter for the Planning Inspector.

The complaint

1. Mr X complains about the way the Council considered his planning application.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
3. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• delay – usually over eight weeks – by an authority in deciding an application for planning permission
• a decision to refuse planning permission
• conditions placed on planning permission
• a planning enforcement notice.

4. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)

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How I considered this complaint

5. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

6. Mr X made a planning application in January 2020 for a change of use and retrospective planning permission for garden decking. The planning application was refused and he appealed to a Planning Inspector. The Planning Inspector upheld the refusal of the retrospective planning application and he says the decking has been removed. The change of use planning application was referred back to the Council.
7. He says that the Council threatened him with an enforcement notice despite their failure to determine his application. The Council says that he could make a application for the Certificate of Lawful Use to ensure that what has been built has planning authorization.
8. Any Enforcement notice can be appealed to a Planning Inspector. I appreciate that Mr X is unhappy with what he considers unreasonable threats, but the Ombudsman cannot determine whether enforcement action is appropriate or not.
9. If Mr X wishes to seek certainty to his current position he may make an application for a Certificate of Lawful Use.

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Final decision

10. I do not intend to investigate this complaint because there will be a right of appeal to a Planning Inspector.

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Investigator's decision on behalf of the Ombudsman